Man sues former employer for enforcing allegedly invalid non-compete clause

NEW ORLEANS – A man is suing his former employer for threatening litigation and enforcing an allegedly invalid agreement clause.

Scott Mercier filed suit against General Parts Distribution LLC in the Orleans Parish Civil District Court on Sept. 4.

Mercier, who was previously employed as regional director of operations with the defendant until May 2013, claims he was obliged to quit his position at AutoZone when he received a letter stating he was in violation of agreements signed during his employment at General Parts Distribution. The agreements included non-competition and non-solicitation clauses. He allegedly attempted to resolve the issue with the defendant, but was met with refusal, the suit claims.

Mercier’s claims that the provisions of the agreements he signed fail to identify specific parishes and/or municipalities where he was prohibited to work, so the agreement is therefore unenforceable.

Additionally, the defendant is accused of violating the Louisiana Unfair Trade Practices Act for allegedly knowing that the agreement provisions were invalid, for misrepresenting the actual text of the agreements through selective quotation and for threatening litigation if Mercier continued employment at AutoZone.

Mercier is seeking damages as a business competitor and for his losses as a result of allegedly unfair, deceptive acts and practices by the defendant. He asks for an amount not exceeding $75,000 for lost wages, attorney’s fees, and costs of the proceedings.

The plaintiff is represented by Larry E. Demmons of the Demmons Law Firm LLC.

The case has been assigned to Division F Judge Christopher J. Bruno.

Case no. 2013-08380.